⚖️Covering Politics Unit 3 – Government Structures and Processes

Key Concepts and Terminology

• Separation of powers distributes authority among the legislative, executive, and judicial branches to prevent concentration of power
• Checks and balances enable each branch to limit the powers of the others, maintaining a balance of power (veto power, judicial review)
• Federalism divides power between the national government and state governments, allowing for local decision-making while maintaining national unity
• Bicameral legislature consists of two chambers, typically a House of Representatives and a Senate, providing representation based on population and equal representation for states
• Filibuster is a tactic used in the Senate to delay or block legislation by extending debate, requiring a 60-vote supermajority to end debate (cloture)
• Gerrymandering is the manipulation of electoral district boundaries to favor a particular party or group, often resulting in districts with unusual shapes
• Lobbying is the act of attempting to influence government decisions on behalf of interest groups or organizations, often through direct communication with lawmakers or financial contributions

Branches of Government

• Legislative branch, composed of the House of Representatives and the Senate, is responsible for creating and passing laws
  • House of Representatives has 435 members, each representing a congressional district based on population
  • Senate has 100 members, two from each state regardless of population
• Executive branch, led by the President, is responsible for enforcing laws and conducting foreign policy
  • President serves as head of state, commander-in-chief of the military, and chief executive
  • Cabinet, appointed by the President and confirmed by the Senate, consists of the Vice President and the heads of executive departments (State, Defense, Treasury)
• Judicial branch, consisting of the Supreme Court and lower federal courts, interprets laws and determines their constitutionality
  • Supreme Court is the highest court in the nation, with nine justices appointed by the President and confirmed by the Senate
  • Federal courts hear cases involving federal law, constitutional issues, and disputes between states or citizens of different states

Constitutional Framework

• U.S. Constitution, ratified in 1788, establishes the structure and powers of the federal government and guarantees certain rights to citizens
• Bill of Rights, the first ten amendments to the Constitution, protects individual liberties such as freedom of speech, religion, and due process
• Amendments can be proposed by a two-thirds vote in both houses of Congress or by a national convention called by two-thirds of the state legislatures, and must be ratified by three-fourths of the states
• Supremacy Clause (Article VI, Clause 2) establishes that the Constitution, federal laws, and treaties are the "supreme law of the land," superseding state laws and constitutions
• Commerce Clause (Article I, Section 8, Clause 3) grants Congress the power to regulate commerce among the states, serving as the basis for much federal legislation
• Elastic Clause (Article I, Section 8, Clause 18), also known as the Necessary and Proper Clause, allows Congress to make laws that are "necessary and proper" for executing its enumerated powers

Legislative Process

• Bills can be introduced in either the House or the Senate, except for revenue bills which must originate in the House
• Committee system plays a crucial role in the legislative process, with bills being referred to relevant committees for review, amendment, and approval before reaching the full chamber
  • Standing committees have ongoing jurisdiction over specific policy areas (Agriculture, Armed Services, Judiciary)
  • Select committees are formed to investigate specific issues and often have limited duration (Select Committee on Intelligence)
• Markup is the process by which congressional committees debate, amend, and rewrite proposed legislation before sending it to the full chamber for consideration
• Conference committees are temporary joint committees formed to reconcile differences between House and Senate versions of a bill
• Presidential veto can be exercised on legislation passed by Congress, which can be overridden by a two-thirds vote in both the House and Senate
• Pocket veto occurs when the President does not sign a bill within ten days of Congress adjourning, effectively killing the legislation

Executive Functions

• Appointment power allows the President to nominate federal judges, cabinet members, and other high-level officials, subject to Senate confirmation
• Executive orders are directives issued by the President to federal agencies, often used to implement policies without congressional approval
• Foreign policy powers include negotiating treaties (subject to Senate ratification), recognizing foreign governments, and conducting diplomacy
• Pardon power grants the President the authority to pardon individuals convicted of federal crimes or to commute their sentences
• State of the Union address is an annual speech delivered by the President to a joint session of Congress, outlining the administration's legislative agenda and national priorities
• War powers, while not explicitly defined in the Constitution, have been interpreted to grant the President broad authority to deploy military forces and respond to threats without a formal declaration of war by Congress

Judicial System

• Jurisdiction refers to the authority of a court to hear and decide cases, with federal courts having jurisdiction over federal questions and diversity of citizenship cases
• Original jurisdiction is the authority of a court to hear a case for the first time, as opposed to appellate jurisdiction which involves reviewing decisions made by lower courts
  • Supreme Court has original jurisdiction in cases involving disputes between states or cases involving ambassadors
• Judicial review, established in Marbury v. Madison (1803), is the power of the courts to declare laws, executive orders, and other government actions unconstitutional
• Precedent is a legal principle or rule established by a previous court decision that is either binding or persuasive for courts deciding similar cases in the future
• Stare decisis is the legal doctrine that obligates courts to follow precedent when making decisions in similar cases, providing stability and predictability in the law

Electoral Systems and Voting

• Electoral College is the system used to elect the President and Vice President, with each state allocated a number of electors based on its congressional representation
  • Candidates must receive a majority (270) of the 538 electoral votes to win the presidency
  • Most states use a winner-take-all system, awarding all of their electoral votes to the candidate who wins the popular vote in that state
• Primary elections are held to nominate candidates for political parties, with open primaries allowing all voters to participate and closed primaries restricting participation to registered party members
• Voter suppression tactics, such as strict voter ID laws, purging of voter rolls, and closing of polling places, can disproportionately affect minority and low-income voters
• Absentee voting allows voters to cast ballots by mail or in-person before Election Day, while early voting provides designated polling places for voters to cast ballots in advance
• Campaign finance laws regulate the raising and spending of money in political campaigns, with the Federal Election Commission (FEC) overseeing compliance and enforcement

Current Issues and Debates

• Partisan polarization has increased in recent years, with Democrats and Republicans becoming more ideologically divided and less willing to compromise
• Voting rights have been a contentious issue, with debates over the renewal of the Voting Rights Act, the impact of voter ID laws, and the role of the federal government in overseeing state election procedures
• Supreme Court nominations have become highly politicized, with confirmation hearings often focusing on a nominee's ideological leanings and potential impact on controversial issues (abortion, gun rights)
• Executive power has expanded over time, with presidents increasingly relying on executive orders, signing statements, and broad interpretations of their constitutional authority
• Immigration reform remains a divisive issue, with disagreements over border security, pathways to citizenship for undocumented immigrants, and the treatment of asylum seekers
• Climate change has emerged as a pressing concern, with debates over the role of government in regulating greenhouse gas emissions, promoting renewable energy, and adapting to the impacts of a changing climate